Chunchun Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3044 of 2019 Arising Out of PS. Case No.-184 Year-2018 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Chunchun Ray, Son of Late Babulal Ray, Resident of Village- Motnaje, P.S.- Tariyani, District- Sheohar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Prasad Singh For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-01-2019 Heard both sides.

Petitioner apprehends his arrest in Tariyani P.S. Case No.184 of 2018 for the offences allegedly committed by the petitioner under Section 47 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The police got information that consignment of liquor was to be delivered at the dairy shop of the petitioner and on such a raid was conducted. The vehicle bearing Registration No. BR06PB/7067 was found parked near the dairy shop of the petitioner from which huge quantity of different brands of liquor was recovered. Baiju Paswan was apprehended from the place of occurrence.

Learned counsel for the petitioner submits that nothing has been recovered from the dairy shop of the

Patna High Court Cr.Misc. No.3044 of 2019(2) dt.23-01-2019 2/2 petitioner. The petitioner has got no manner of concern with the vehicle from which huge quantity of liquor was recovered. Petitioner is not the owner of the vehicle.

Considering the fact that the petitioner is not the owner of the vehicle and no liquor was recovered from the dairy shop of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Incharge Additional District & Sessions Judge-IIndcum-Special Judge, Sheohar in connection with Tariyani P.S. Case No.184 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T